Safeway Stores v. Vance/Opinion of the Court

by John Marshall Harlan II

United States Supreme Court

355 U.S. 389

Safeway Stores  v.  Vance

 Argued: Nov. 21, 1957. --- Decided: Jan 20, 1958

This is a companion case to No. 67, Nashville Milk Co. v. Carnation Co., 355 U.S. 373, 78 S.Ct. 352. In the present case the Court of Appeals has held that a private action for treble damages ^[1] does lie under § 4 of the Clayton Act for violation of § 3 of the Robinson-Patman Act. 239 F.2d 144. Because of the conflict with the decision of the Court of Appeals for the Seventh Circuit in the Nashville Milk Co. case, 238 F.2d 86, we granted certiorari. 352 U.S. 1023, 77 S.Ct. 590, 1 L.Ed.2d 595.

The complaint in this case alleges both sales 'at unreasonably low prices' and price discriminations in violation of § 3 of the Robinson-Patman Act. For the reasons set forth in our Nashville Milk Co. opinion, 355 U.S. 373, 78 S.Ct. 352, we hold that the complaint should have been dismissed insofar as it rests on alleged unlawful selling at unreasonably low prices, and that the respondent was entitled to a trial as to the charges of unlawful price discrimination. Accordingly, the judgment of the Court of Appeals is vacated, and the case is remanded to the District Court for further proceedings consistent with this opinion.

It is so ordered.

Judgment of Court of Appeals vacated and cause remanded to District Court with directions.

The CHIEF JUSTICE, Mr. Justice DOUGLAS, Mr. Justice BLACK and Mr. Justice BRENNAN, dissent.

For dissenting opinion of Mr. Justice DOUGLAS, see 355 U.S. 373, 78 S.Ct. 359.

Notes

1. The complaint does not ask for injunctive relief under § 16 of the Clayton Act.